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Pulin Behari Bairagee and others Vs. Ananda Chandra Dakua and others, 2009, 38 CLC (AD)
....e judgment and decree. 12. In such view of the matter we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 791. .......11.1994 before the learned Assistant Judge, Mongla within the District Bagerhat for declaration of title in kha schedule land against the present petitioners. 3. The disputed land and other khas lands measuring 38.12 acres and the under raiyates of C.S. Khatian No. 224, 226, 227, 228 and......ather of the defendant No.2 and 3 and at that time the plaintiff Anandra Dakua as member of the joint family executed and registered the aforesaid patta No. 831 dated 19.06.1954 and delivered possession to the aforesaid, tenants and the names of the aforesaid tenants Sushil, the father of t..Category: Property Law | Date: | Hits: 27
Rayna Begum and others Vs. Md. Marufuddin Ahmed and others, 2008, 37 CLC (AD)
.... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ...... are not entitled to such and order in a suit so framed. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 785. ......o the Appellate Division by judgment and order dated 17.04.2004 passed in Civil Petition for Leave to Appeal No.1040 of 2003 and then the defendant respondent was taking step hurriedly to take over possession of suit land in execution and as such the plaintiff-petitioners were constrained to..Category: Property Law | Date: | Hits: 33
Md. Abdul Wahab Vs. Abdul Motaleb and others, 2008, 37 CLC (AD)
....ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ......ns to believe that there is no merit in the submissions thereof and accordingly the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 784. ...... affirming the Order No. 142 dated 25-10-2003 passed by the learned Senior Assistant Judge, Sadar, Jhenidah in Miscellaneous Case No. 149 of 1988 allowing the application for delivery of possession. 2. The facts of the case, in short, are that the opposite-party No.1 as preempto..Category: Property Law | Date: | Hits: 27
Md. Suman Mia Vs. Falani Begum and others, 2008, 37 CLC (AD)
.... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ...... submissions of the learned Counsel for the petitioners deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 775. ......Falani Begum was the full sister of aforesaid Magrab Ali who assured and promised the execution and registration of the saf-kabala, in favour of the plaintiff Defendant No.1 handed over the possession of suit land to the plaintiff who filled up earth and constructed a house in the suit la..Category: Property Law | Date: | Hits: 38
Abdur Rashid and others Vs. Md. Kamal Uddin Master and others, 2009, 38 CLC (AD)
....re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......re is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 772. ......the preemptors, inspite of offer, refused to purchase 1.12 acres of land owned by the respondent Nos.6 and 7 and thereafter the case land was purchased by the respondent Nos. 2-5 and possession of the case land was delivered to them within the knowledge, presence and consent of the..Category: Property Law | Date: | Hits: 23
Haripada Goldar Vs. Md. Sahabuddin Sheikh and others, 2008, 37 CLC (AD)
....d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......d affirming the judgment and decree of the courts below. We find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 766. ......n Shaha of Binodpur in the district of Jessore. The plaintiff petitioner took oral settlement of the suit land from Patit Paban Shaha in the first week of Baishak 1342 B.S. and got delivery of possession of the same on payment of Tk. 1200/- as salami fixing Tk.800/- as annual rent. Since the..Category: Property Law | Date: | Hits: 32
Abdul Halim Vs. Md. Tatan Mia and others, 2008, 37 CLC (AD)
....ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......ity or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 763. ......intiffs, after mutating their names, constructed semi pucca building in the suit land and also paid rents, taxes and current bills etc. but, on 9.10.1992, the defendant threatened the peaceful possession of the plaintiffs in the suit land and hence the suit. The defendant contested the above..Category: Property Law | Date: | Hits: 26
A.T.M. Nasiruddin & ors Vs. Abdul Khaleque being dead his heirs: MA Malek & ors, 2009, 38 CLC (AD)
....e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......e review petitions the petitioners in fact are seeking rehearing which is not permissible in review. The review petitions are dismissed. Ed. This Case is also Reported in: ......the petitioners with malafide intention fabricated a deed with the title ‘Angikarpatra’; the petitioners are not lessees but licencees; he requested the petitioners to surrender vacant possession of the suit premises but they did not comply and they defaulted in paying the monthly re..Category: Property Law | Date: | Hits: 48
S.K. Khalilur Rahman and others Vs. Mrs. Meherun Nesa, 2004, 33 CLC (AD)
....iginal plant alleged dispossession from 7.98 acres of land which she described in schedule ‘B’ to the plaint and such dispossession was stated to be the cause of action for the suit for recovery of possession as is evident from paragraph 17 of the plaint and the proposed amendment to ......e Second Court of Joint District Judge, Dhaka against the petitioners praying for declaration of title to the property described in ‘A’ scheduled of the plaint and also for delivery of khas possession of the property described in schedule ‘B’ of the plaint upon eviction o......ond Court of Joint District Judge, Dhaka against the petitioners praying for declaration of title to the property described in ‘A’ scheduled of the plaint and also for delivery of khas possession of the property described in schedule ‘B’ of the plaint upon eviction of the..Category: Property Law | Date: | Hits: 24
Md. Nazrul Islam and others Vs. Md. Abdur Rouf, 2009, 38 CLC (AD)
....bmits that the High Court Division committed error of law in failing to consider that the agreement dated 10.11.2002 being a loan agreement for Tk.3,50,000.00, the appropriate remedy was a suit for recovery of money and so the suit for specific performance was not maintainable under section 21(a)......ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ......ns and so there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 28
Md. Sohrabuddin Molla Vs. Aminul Islam and others, 2004, 33 CLC (AD)
....ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......ircumstances, we find no illegality in the judgment of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 14 MLR (AD) (2009) 399. ......ughter Piarjan. Piarjan sold. 94 acres of land to defendant Nos.1-3 by a registered kabala dated 11.12.1967. In this way the defendant Nos.1-3 become owner and are in possession. 4. We have heard Shahidul Islam, learned Advocate for the petitioner and perused..Category: Property Law | Date: | Hits: 22
Golam Rabbani Vs. Chairman, Court of Settlement and others, 2008, 37 CLC (AD)
....e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......e circumstances, we do not find any cogent ground to review the impugned judgment, Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 29 BLD (AD) (2009) 71. ......ch was decreed on 7.4.1981 and the sale deed was executed and registered through Court on 5.4.1983 in Executed Case No. 65 of 1981. A house survey on 26.4.1984 found the writ petitioner in actual possession. The writ petitioner having come to learn that the property has been included in 'Ka' lis..Category: Property Law | Date: | Hits: 32
Md. Ekram Hossain Bhuiyan Vs. Matiar Rahman Bhuiyan and others, 2008, 37 CLC (HCD)
....pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......pposite party No. 1 is dismissed. Let a copy of the judgment along with LC records be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 201; 14 MLR (HCD) (2009) 175. ......hat his father transferred 98 decimals of land in plot No.1828 out 110 decimals to him (pre-emptee) on 14.12.1995 vide sale deed No.5416 at the consideration of Tk. 12,000/- and accordingly delivered possession to him with full knowledge of the other heirs of Afsaruddin including pre-emptor (full br..Category: Property Law | Date: | Hits: 37
Md. Yakub Ali Vs. Nazir Ahmed and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......he above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......aton who was possessing suit land for about 24 years and then transferred the same in favour of the plaintiff on 16.04.1998 by a registered kabala No.3727 dated 16.04.1998 and put the plaintiff in possession of the suit land. The defendant No.1 who is a brother-in-law of aforesaid Monoza Khaton,..Category: Property Law | Date: | Hits: 29
Golam Mostafa and others Vs. Government of the People’s Republic of Bangladesh, 2007, 36 CLC (AD)
....e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......e do not find any cogent ground to interfere with the same. This Petition is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: ......onditions as agreed upon and on receipt of the payment of the entire consideration amount the Government executed and registered the formal lease deed on 07.11.1969, though handed over the physical possession of only 49.83 acres of land out of 60 acres leased out land to the petitioner’s co..Category: Property Law | Date: | Hits: 25
Md. Lukman Vs. Rustom Khan and others, 2008, 37 CLC (AD)
.... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ...... above, the submissions of the learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......month and after depositing all the money obtained sale certificate but wrongly it was not mentioned that the defendant was a benamder of decree holder Zulkader Khan and on 10.12.1987 delivered the possession and the said Money Execution Case No.2 of 1985 was disposed of with full satisfaction fo..Category: Property Law | Date: | Hits: 51
Shamsu Meah and others Vs. Government of Bangladesh, 2009, 38 CLC (AD)
....bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......bservation of the High Court Division on the merit, of the case will have no bearing while deciding the dispute by any civil Court. Ed. This Case is also Reported in: VI ADC (2009) 702. ......sion taken in the year 1993, subsequently, in the year 1999 allotted 12 rehabilitation plots to them as affected persons for a period of 99 years on payment of considerations and on 10.10.2000 the possession of the respective plots were handed over to the respective constituted attorni..Category: Property Law | Date: | Hits: 34
Saheb Ali Dewan Vs. Md. Zahirul Hoque Dewan, 2009, 38 CLC (AD)
....e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ......e materials on record. We therefore find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 684. ...... permanent injection restraining the defendant petitioner from dispossessing him from the suit land claiming the suit land on the basis of a deed of exchange dated 22.8.1988 and also the exclusive possession therein. 3. The defendant petitioner contested the suit by filing written stateme..Category: Property Law | Date: | Hits: 29
Gour Chandra Majhi Vs. Shusen Kumar Mondal and others, 2009, 38 CLC (AD)
.... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ...... judgment and order passed by the High Court Division. Accordingly, the application for leave to appeal is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 676. ......the life long-interest on the case land and to meet the funeral and others expenses she sold the same to the plaintiff by executing and registering a sale deed dated 30.09.1985 and accordingly got possession thereon and thus the plaintiff has been owning and possessing the suit land, detailed as..Category: Property Law | Date: | Hits: 54
Abdus Sattar Mollah Vs. Abdul Malek Mollah and others, 2009, 38 CLC (AD)
....find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......find no substance in the submission of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VI ADC (2009) 671. ......n one Sattar. Thereafter, in 1397 B.S. the plaintiff came to know that the S.A. record was wrongly prepared in the name of the defendant No.1 in spite of the fact that the same is in his exclusive possession. Due to such wrong record, title of the plaintiff having been clouded filed the suit for..Category: Property Law | Date: | Hits: 25
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